Principles of Compensation for the Taking of Gasoline Petroleum Station Operations
This article discusses the basic issues of valuation for gasoline stations involved in eminent domain proceedings by governmental agencies. After outlining general principles of eminent domain, it focuses on issues specifically related to gasoline stations, including the effect of a partial taking on a
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Revisiting the legacy of Hathcock and Poletown with the Michigan Supreme Court Historical Society
One of the highlights of my legal career was representing property owners in County of Wayne v. Hathcock, a landmark Michigan Supreme Court case that overturned the controversial Poletown Neighborhood Council v. Detroit decision.
In the 1981 Poletown case, the Michigan Supreme Court allowed the government to condemn private property and transfer it to another…
The Pitfalls of Objectively Measured Just Compensation: When Market Value Isn’t Enough
As I promised in an April blog, my article, The Pitfalls of Objectively Measured Just Compensation: When Market Value Isn’t Enough, is now published in The Practical Real Estate Lawyer’s September 2024 issue.
In the article, I discuss why compensating displaced property owners based on the fair market value of their property shortchanges them. I advocate…
Alan and Matthew quoted in Farm News article on ITC transmission line project in Eaton, Gratiot, Calhoun, and Branch Counties
Thank you to Mitch Galloway for quoting us in his Farm News article, “ITC Transmission Line Plan Moves Forward in Eaton, Gratiot, Calhoun, Branch Counties.”
As we wrote last week, ITC is moving forward with its mid-Michigan transmission line project. We represent several property owners who are affected by the project. If you have…
ITC Moves Forward with Mid-Michigan Transmission Line Project
The Michigan Electric Transmission Company, LLC (“METC”), an International Transmission Company subsidiary, has filed two applications for certificates of public convenience and necessity for the construction of major transmission lines with the Michigan Public Service Commission (“MPSC”). The first, MPSC Case U-21471, proposes a 345 KV electric transmission line between the Oneida Substation in Eaton…
Valuation of Partial Takings
As referenced in an earlier blog, Alan and Mathew co-authored an article in The Practical Real Estate Lawyer‘s May 2024 issue.
The article is titled “Valuation of Partial Takings.” In it, Alan and Matthew describe:
…
How to Make “Just Compensation” More “Just” for Displaced Homeowners
Last summer, I wrote a blog about why just compensation—which is based on the ‘objective’ standard of what a property would sell for on the open market—shortchanges residential property owners subjected to eminent domain. Two weeks ago, I co-presented this topic at the American Law Institute’s Eminent Domain & Land Valuation Litigation Seminar in New…
The Fundamentals of Easement Valuation
* The following blog is an adaptation of the presentation Alan Ackerman and Matthew Ackerman gave on “The Fundamentals of Easement Valuation” at the American Law Institute’s Eminent Domain & Land Valuation Litigation Seminar in New Orleans on February 1, 2024.
I. The Basics
One of the more complicated valuation issues in eminent domain cases…
Transmission Lines and Eminent Domain: What Property Owners Need to Know
One of the most common types of cases we handle is utility takings for transmission lines. As governments attempt to improve the electrical grid to support the transportation of wind and solar energy, this type of case is likely to become increasingly common. Although transmission lines may serve a public purpose, they often devastate…
The Eminent Domain Podcast’s Episode 123: Matthew Ackerman on Subjective Losses in Takings
It was an honor to appear on today’s episode of “The Eminent Domain Podcast.” In the episode, the show’s host Clint Schumacher and I discussed my blog, “When Market Value Isn’t Enough: The Pitfalls of Objectively Measured Just Compensation.”
Clint is a phenomenal podcast host, thoughtful interviewer, insightful attorney, and an all-around nice guy. …